ART. 45-47
Voidable marriages can be assailed
VOIDABLE MARRIAGES
 Marriage is voidable if there is a
defect in requisites (legal capacity &
consent)
 Voidable marriage – valid and
effective until final judgement of
court in action
 Marriage is annulled – continues but
ceases to have legal effect when
terminated by court in action
 Annulment of marriage – dissolve
marriage contract like it didn’t exist,
law makes express provision to
prevent this from being wiped out
(children conceived and born before
judgement of annulment is legitimate
ANNULMENT
 Annulment – judicial or legal
process of invalidating a voidable
marriage
 Annul – to reduce to nothing; to
nullify; abolish; to do away with
 Null and void – something that
doesn’t exist from the beginning
 Null and void marriage – court imply
declared status/condition which
already exist from the very
beginning.
CHARACTERISTICS OF VOIDABLE
MARRIAGE
1. Valid until otherwise declared by
court
2. In voidable marriage, defect
becomes a ground for annulment but
exists at the time of celebration of
marriage
3. Voidable marriage cannot be assailed
collaterally. XPN direct proceeding
4.
during lifetime and not after death.
(Parties and offspring will be left as
if marriage is perfectly valid)
5. Only parties of voidable marriage
can be assail it
6. Action for annulment is subject to
prescription
7. Defect in voidable marriage is
subject to ratification, XPN: par 5 &
6, not subject to ratification
ENUMERATION OF VOIDABLE
MARRIAGES (GROUNDS FOR
ANNULMENT)
1. During the celebration, either party
was 18 y.o. or over but below 21 and
marriage was solemnized without
parental consent.
2. During such celebration, either party
was of unsound mind
3. Consent of either party was obtained
by fraud
4. Consent was obtained by force,
intimidation or indue influence
5. Either party was physically
incapable of consummating the
marriage with the other and such
incapacity continues and appears to
be incurable.
6. Either party was afflicted with a
sexually transmissible disease
found to be serious and appears to be
incurable.
No Parental Consent
 The law imposes a further
requirement of obtaining “parental
consent” if party is “below 21”.
 Without parental consent, marriage
is voidable and subject to annulment
pursuant to prov Art 45 (1) and 47(1)
of Fam Code.

Who must give consent
 Art 14 “father, mother, surviving
parent or guardian, or persons having
legal charge”
 Father alone can give permission. If
the father disagrees the mother can’t
do anything.
 Illegitimate, mother’s permission is
prior to the fathers. and also, when
father is dead.
Who may file Annulment
1. By the person whose consent is req
under Art 14 of Fam Code, only in
cases where party whose parent did
not give consent has not yet reached
the age of 21
2. By the person whose parent did not
give consent, but only in cases where
party has already reached the age 21
Prior to attaining the age is 21, the parent
did not give consent has no legal standing to
file annulment case.
Prescriptive Period
 Petition (person who gave consent
under Art14) should be filed before
the party turns 21
 But if it is to be filed by parent,
action may prosper only if the party
turns 21 and after 5 years.
 After such period, the action for
annulment is already barred by the
statute of limitation
Subject to Ratification
 Ratification – the act or means by
virtue of which efficacy is given to
contact which suffers from vice of
curable nullity.
 An act by which a
person, entitled to bring an action for
annulment, which knowledge of the
cause of annulment and after it has
ceased to exist, validated the contract
either expressly or implied
 Requisites for ratification effectivity:
1. Contract should be tainted with a
vice which is susceptible for
being cured.
2. Ratification should be effected
by the person who is entitled to
do so under the law
3. It should be effected with
knowledge of the vide or defect
of the contract
4. The cause of the nullity or defect
should have already disappeared.
 If requisites are satisfied, ratification
cleanses the contract from defects
 Under Art 45 (1), this kind of
voidable marriage is ratified if the
party whose parent did not give
consent after reaching 21 freely
cohabits with the other and both
lived together as husband and wife.
 In ratification the conformity of the
contracting party who has no right to
bring thr action for annulment is not
necessary.
Unsoundness of Mind
 Mental incapacity of one of the
parties must relate specifically to the
contract of marriage. Whether the
person understand the nature and
consequences of the marriage.
 Insanity must exist at the time of
marriage (for it to be a ground)

Presumption of Sanity
 A person is presumed to be of sound
mind at any time and the condition is
presumed to continue to exist, in the
absence of proof to the contrary.
 Proof rest upon who alleges insanity
or seek to avoid an account of it
Who may File Annulment
 The sane spouse has legal standing to
file the action for annulment only in
cases where he or she contracted the
marriage without knowledge of the
other’s insanity.
 If the sane spouse knew the
condition, he my file the case thru by
1) any relative or guardian or person
having legal charge of the insane; 2)
the insane spouse during the lucid
interval or after regaining sanity.
Prescriptive Period
 The law requires that the action for
annulment base on the ground
mentioned in Art45 (2) must be filed
at anytime before the death of either
party.
Ratification
 The law authorizes only the insane
spouse to ratify the marriage after he
has regained his sanity.
 If the sane spouse had no knowledge
of the other’s insanity, after coming
to reason, chooses to ratify the
marriage.
 It is suggested to avoid conflict, that
Art 47(2) authorizing the sane
spouse to file an action for
annulment must be interpreted as
exercisable only prior to the
ratification of the marriage by the
insane spouse after coming to reason.
He cannot ratify marriage by
continuing to cohabit with the insane
after learning of such insanity.
FRAUD
 Insidious words or machinations
employed by one of the contracting
partied in order to induce the other to
enter a contract, which without them
would not have agreed to.
 (In marriage) refers to non-disclosure
or concealment of some facts
deemed material to the marital
relations.
 Art 46: “No other misrepresentation
or deceit as to character, health,
rank, fortune or chastity shall
constitute such fraud as will give
grounds for action for the annulment
of marriage”
Who may file
 By the injured party or the party who
was not responsible for the fraud.
Prescriptive Period
 Within 5 years after discovery.
Otherwise, barred by the statute of
limitation.
Ratification
 Ratified by injured party freely
cohabiting with the guilty spouse as
husband and wife after full
knowledge of the facts constituting
the fraud.
What constitutes Fraud
 Under 46 the following constitutes
fraud:
1. Non-disclosure of previous
conviction by final judgement of
the other party of a crime
involving moral turpitude
2. Concealment by the wide of the
fact that at the moment of
marriage, she was pregnant by
other man
3. Concealment of Sexually
Transmitted disease
4. Concealment of drug addiction,
habitual alcoholism or
homosexuality or lesbianism
 Non-disclosure of previous
conviction requisites: 1) there must
be conviction by final judgement;
and 2) the crime must involve moral
turpitude
 An Act of moral turpitude – act
done contrary to justice, honesty,
principle or good morals; or an
act of baseness, vileness or
depravity in private and social
duties which a man owes to his
fellowmen or to society in
general, contrary to the accepted
and customary rule of right and
duty between man and man.
 Concealment of pregnancy – what
constitutes fraud under the law is
concealment of pre-nuptial
pregnancy by another man and not
any false representation as to
chastity.
 Concealment of Sexually-
Transmissible Disease – ground for
annulment so long as the disease is
serious and appears to be incurable.
ONLY IF THE MAN/WOMAN DID
NOT KNOW OF THEIR
SICKNESS CONSIDERED NOT A
FRAUD.
 Concealment of Drug Addiction,
Habitual Alcoholism, Homosexuality
or Lesbianism – if the spouse know
about these, it is not a ground for
annulment. And this should exist
during the marriage and not before
FORCE, INTIMIDATION OR UNDUE
INFLUENCE
 There is violence when in order to
wrest consent, serious or irresistible
force is employed.
 Intimidation when one of the
contracting partis is compelled by a
reasonable and well-grounded fear of
an imminent and grave evil upon his
person/property
 Requisites that may vitate and render
contract voidable or invalid:
1. That it must be determining
cause of contract
2. Must be unjust
3. Serious and grave
4. Produce a reasonable and
well-grounded fear
 Duress – can vitiate the marriage so
long must show that the person
influenced could not and did not act
as a free agent. And a threat to
enforce one’s claim through a
competent authority, if the claim is
just or legal, does not vitiate consent.
Who may file the annulment
 The injured party or the party who
was subjected to duress.
Prescriptive Period
  Within 5 years from the time the
force, intimidation or undue
influence disappeared or ceased.
Ratification
 Ratified by injured party freely
cohabiting with the guilty spouse as
husband and wife after the time the
force, intimidation or undue
influence disappeared or ceased.
Physical Incapability of Consummating
Marriage
 The theory on which the marriage is
invalidated is not that there was an
original incapacity to contract, but an
entire and complete failure of
consideration of the marriage
contract which.
 Impotency – the physical inability to
have sexual intercourse, not
synonymous with sterility. Inability
to perform act of sexual intercourse.
 Sterility – inability to procreate.
Not Presumed
 Presumption is in favor of potency =
burden of proving is on him
 Physician should be consulted
 Triennial cohabitation if the wife
remains a virgin after 3 years of
cohabitation, the husband will be
presumed impotent, and the burden
to overcome such will be shifted
upon him.
Requisites
1. The incapacity, exist during
marriage
2. Same continues up to filing of
annulment
3. Same appears to be incurable
4. It must be unknown to the other
contracting party
Who may File Annulment
 Injured party – the party who was
not aware of the existence of such
incapacity at the time of their
marriage and he or she is not
suffering from the same.
Prescriptive Period
 5 years after the celebration of
marriage
Note Subject to Ratification
 The reason that this is not ratified
because there has been an entire and
complete failure of the consideration
of the marriage contract in a voidable
marriage.
 The defect is not subject to
ratification, the action for annulment
may, however, be barred from the
prescription.
SEXUALLY-TRANSMITTED DISEASE
 The ground for annulment is not
existence of the disease at the time of
the marriage but its concealment
 Refer to FRAUD chuchu
Requisites
1. Disease must have existed at the time
of celebration of marriage
2. It is serious
3. Incurable
4. Unknown to the other party at the
time of marriage.
Who may file Annulment
Injured party
Prescriptive Period
Within 5 years after the celebration of
marriage and not after discovery
Not Subject to Ratification
Effects of Final Judgement of Annulment
1. Termination of marital bond, as if it
never been entered into, but effects
are not wiped out.
2. Marriage is valid before final
judgement, children conceived and
born during that time is legitimate.
3. Conjugal property agreement is
terminated or dissolved. Liquidation,
partition and distribution of
properties of spouses must be made.
4. Custody and support of children. The
delivery of presumptive legitime
shall no wat prejudice the ultimate
succession rights of the children.
5. Donations by reasons of marriage
shall remain valid XPN marriage is
made in bad faith whereby the donor
may revoke the donation.
6. Revocation as beneficiary in any
insurance policy (if bad faith), even
if it is irrevocable.
7. Disqualification to inherit from the
innocent spouse by testate and
intestate succession.
8. Wife shall resume her maiden name
if she did the bad faith. If not, she
can choose whether to still use her
maiden name or her former
husband’s surname. Unless former
husband remarries, or the court
disagree.
9. Parties are free to remarry with
requirements under Art 52:
a) Judgement of annulment
b) Partition and distribution of
spouses and children’s ari-arian,
has to be registered in the civil
registry and registry of
properties.
c) There is no affect third persons
d) Subsequent marriage shall be
null and void
ART 48-49
Procedure in Declaration of Absolute
Nullity of Void Marriages and Annulment
of Voidable Marriages
A.M. No. 02-11-10-SC and A.M. 02-11-12-
SC – governs the procedure governing
petitions for declaration of absolute nullity
of void marriages and annulment of voidable
marriages.
Jurisdiction
 Fam Courts shall have exclusive
original jurisdiction to hear and
decide complains for annulment of
marriage and declaration of nullity of
marriage.
Venue of Action
 Fam courts of province / city where
the petitioner or respondent resides
for at least 6 months prior to the date
of filing
Contents and Form of Petition
a) Complete facts constituting the cause
of action.
i. Should allege the physical
manifestations as indicative of
psychological incapacity at the
time of the celebration of the
marriage but expert opinion need
not be alleged.
b) State the names and ages of the
common children of the parties and
specify the regimes governing their
property relations, as well as the
 properties involved. Spousal support,
custody and support of common
children, visitation rights,
administration of community or
conjugal property.
c) Verified and accompanied by
certification against forum shopping.
d) Petition shall be filed in 6 copies.
Service of Summons
Rule 14 of Rules of Court:
1) The respondent cant be located at his
address or whereabouts are
unknown. Publication will be made
once a week for 2 weeks in the
newspaper of gen circ.
2) Summon contains
i. Title of the case
ii. Docket number
iii.Nature of petition
iv. Principal grounds of the petition
and the reliefs prayed
v. Directive for respondent to
answer within 30 days from the
last issue of publication.
No Motion to Dismiss, No Declaration of
Default
 This shall be allowed XPN the
ground of lack of jurisdiction over
the subject matter or over the parties;
there will be dismissal of case if
affirmative defense is raised in an
answer
Role of the Public Prosecutor
 They investigate when the responder
did not answer. And after 1 month,
submit a report to the court whether
parties are in collusion or serve
copies of parties and counsels.
 Collision found, parties must answer
within 10 days
 No collision, court sets pre-trial.
 Prosecutor appears for the state in
pre-trial
 IN ANNULMENT OF
MARRIAGE, DECLARATION OF
NULLITY OF VOID MARRIAGES
AND LEGAL SEPARATION
PREEDINGS, pub prosecutor
determine whether collusion exists
between the parties and take care that
the evidence is not suppressed or
fabricated.
PRE-TRIAL STAGE
 This is mandatory.
 Petitioner does appear, case
dismissed unless counsel appears in
court and gives valid excuse for
petitioner
 Respondent answers but doesn’t
appear in court, pre-trial proceeds
and asks prosecutor to investigate the
reason of absence of Respondent
submitted within 15 days
PROHIBITED COMPROMISE
Not allow compromise on prohibited
matters:
1) The civil status of persons
2) Validity of marriage or legal
separation
3) Any ground for legal separation
4) Future support
5) Jurisdiction courts and
6) Future legitime
DECISION
 Renders decision granting petition ->
decree of absolute nullity/annulment
 shall be issued by cort after
compliance with Art 50 and 51 under
Rule of Liquidation, Participation
and Distribution of Properties
 Respondents fail to appear, the
dispositive part of the decision shall
be published once in newspaper
 Decision becomes final upon
expiration of 15 days from notice to
the parties.
 Entry of judgement – no motion for
reconsideration or new trial or appeal
is filed.
 Then this shall be registered in the
Civil Registry where marriage was
recorded and Civil Registry where
Family Court granting the petition
for declaration is located.
APPEAL
 Not allowed unless appellant filed a
motion for reconsideration or new
trial within 15 days from notice of
judgement
RULE ON LIQUIDATION, PARTITION
AND DISTRIBUTION OF
PROPERTIES
 Upon entry of judgement granting
the petition, will then proceed to
liquidation, partition and distribution
of properties. This includes the
property of spouses, custody, support
of children and delivery of their
presumptive legitime pursuant to Art
50 and 51 of FC.
ISSUANCE OF DECREE
 Requirements
1. Registration of the entry of
judgement granting the petition
for declaration of nullity or
annulment of marriage in the Civil
Registry.
2. Registration of the approved
partition and distribution of
properties of the spouse, in the
proper Register of Deeds where it
is located
3. Delivery of children’s
presumptive legitimes in cash,
property or sound securities.
REGISTRATION AND PUBLICATION
OF DECREE
The prevailing party shall cause the
registration of the Decree in the Civil
Registry where the marriage was registered,
the Civil Registry of the place where the
Fam Court is situated, and in the National
Census and Statistics Office.
 The reg Decree – best evidence to
prove the declaration of absolute
nullity or annulment of marriage.
 Failure to cause the registration of
the Decree shall render the
subsequent marriages of the former
spouses in the prev. marriage null
and void.
EFFECTS OF DEATH OF PARTIES
 During the proceedings
Case will be closed and terminated.
Doesn’t mean that a void marriage
may no longer be questioned after
death, as such marriage is still
subject to a collateral attack.
If the marriage is voidable, this will
no longer prosper as it can only be
assailed during lifetime.
 After proceedings
The entry of judgement of nullity or
annulment, the judgement shall be
binding upon successors and parties
 in interest in the settlement of the
estate in the reg courts.
GRANT OF PROVISIONAL
REMEDIES OR PROTECTION
ORDERS
 Motu proprio or upon application
under oath of any of the parties,
guardian or designated custodian,
may issue provisional orders and
protection orders with or without
hearing.
SPOUSAL SUPPORT
Court rules:
a. Spouses may be supported from the
properties of the absolute community
or conjugal partnership.
b. Court may award support depending
on their standard of living during
marriage.
c. Court follow these factors:
1. Whether the spouse seeking
support is custodian of child for
spouse not to seek employment
2. Time necessary for spouse to
acquire education and training to
enable spouse to have
employment and earning
capacity
3. Duration of marriage
4. Comparative financial resources
of spouses
5. Needs and obligations of each
spouse
6. Contribution of each to marriage
7. Age and health
8. Physical and emotional
conditions
9. Ability of the supporting spouse
to give support
10. Any factor that the court deem
just and equitable
d. F Court may direct deduction of the
support from the salary of the
spouse.
CHILD SUPPORT
 Supported from the properties of the
absolute community or conjugal
partnership
 Either or both parents are obligated
to support child’s education and
maintenance. Which is
proportionate.
 Court consider these factors:
1. Financial resources of custodial
and non-custodial parent
2. Physical and emotional health of
child, special needs and aptitude
3. Standard of living the child has
been accustomed
4. Non-monetary contribution that
parents will make for the well-
being of the child.
CHILD CUSTODY
 Best interest of child is considered.
 Court consider these factors:
a. Agreement of parties
b. Desire and ability of parent to
foster an open and loving
relationship
c. Child’s health, safety and welfare
d. Who has filial relationship with
the child
e. Nature and frequency of contact
with both parents
f. Habitual use of alcohol or
regulated subs
g. Marital misconduct
h. Most suitable physical,
emotional, spiritual,
 psychological and education
environment
i. Preference of the child
 Custody order of preference:
1) Both parents jointly
2) Either parent taking into account
relevant consideration esp for 7
yo child
3) Surviving grandparent
4) Eldest brother or sister over 21
yo
5) Actual custodian as long as 21 yo
above
6) Any other person deemed by the
court suitable
VISITATION RIGHTS
Provided for the parent who is not
rewarded the custody
HOLD DEPARTURE ORDER
No child of the parties shall be brought
out of the country without prior order
from the court.
This order contains:
a) Complete name, date and place of
birth, place of last residence
b) The complete title and docket
number of case
c) Specific nature of case
d) Date of hold-departure order
e) (if available) photo of person against
whom a hold-dep order has been
issued.
ORDER OF PROTECTION
 Require a person:
a) Stay away from the home,
school, business or place of
employment of the child, other
parent or any other party
b) To refrain from harassing,
intimidating or threatening the
child or other parent/guardian
c) Refrain from acts of commission
or omission that create an
unreasonable risk to welfare of
the child
d) Permit a parent or person to
visitation with time period
e) Permit a designated party to enter
the residence for period to take
belongings
f) Comply with such order for the
protection of child
ADMINISTRATION OF COMMON
PROPERTY
 Spouses fail to comply with his
obligation to the family, the court
will issue a provisional order
appointing the applicant as receiver
of common property.
 Receiver may not dispose this
without prior authority of the court
 provisional order shall be registered
in the proper Registration of Deeds
and annotated in all titles of
properties subject of the receivership
ART 50-51
EFFECTS OF JUDICIAL
DECLARATION OF NULLITY OF
MARRIAGE
GR: marriage is void ab initio; it is ipso
facto void without need of any judicial
declaration of nullify.
XPN: the Fam Code req. a judicial
declaration of nullity of prev marriage
before a subsequent marriage is contracted.
 The effect of void marriages is as
though no marriages had taken place.
 Remember no matter what happens
basta tapos na proceedings
CONSIDERED NA SYA AS VOID
and it will be disregarded by the
court na
RETROACTIVITY OF JUDICIAL
DECISION
 Judicial declaration of nullity of
marriage retroacts to the date of the
celebration of marriage insofar as the
vinculum between the spouses is
concerned.
EFFECT ON THE STATUS OF
CHILDREN
GR: All children conceived and born
outside a valid marriage are illegitimate.
Children born of void marriages are
considered illegitimate.
XPN: born of void marriages under Art
56 & 53.
Art 54,” children conceived or born
before the judgement of annulment or
absolute nullity of the marriage under
Art 36 has become final and executory
shall be considered legitimate.”
EFFECT ON PROPERTY RELATIONS
 Property relations of parties are
governed by Art 147 and 148
 Art 147: applies to union parties
who are legally capacitated and
not barred by any impediment to
contract marriage, void for
absence of marriage license.
 Art 148: the property regime of
bigamous marriages,
relationships whereboth man and
woman are married to other
persons, multiple alliances of the
same married man.
 Liquidation and partition applied
to Art 102 and 109 not 50-52
 Art 50 applicable to Art 43 (y)(2)
to void marriage under art 40.
Marriages are declared void
under Art 40
 Pro hac vice – for this occasion
only
EFFECT ON DONATIONS PROPTER
NUPTIAS
GR: If the marriage is judicially declared
void ab initio, the donor may revoke the
donation propter nutias and marriage
settlement.
XPN:
1. Marriage judicially declared void
under Art. 40 (The absolute nullity
of prev. marriage may be invoked for
the purposes of remarriage on the
bases solely of final judgement
declaring such prev marriage is void)
2. Marriage is void pursuant to Art 44
(both parties acted in bad faith)
XPN to XPN:
1. If done contracted the marriage in
bad faith, such donations made to
said done are revoked by operation
of law.
2. All donations propter nuptias are
revoked by operation of law.
EFFECT ON DESIGNATION AS
IRREVOCABLE BENEFICIARY IN
INSURANCE POLICY
GR: If the designation of beneficiary in the
insurance policy is irrevocable, the insured
has no right to change the beneficiary he
designated in the policy
XPN: if other spouse acted in bad faith as a 3) The delivery of the children’s
beneficiary is revoked even if such is presumptive legitime in cash,
irrevocable. properties and sound securities.
EFFECT ON RIGHT TO INHERIT If not complied with, marriage contracted by
parties to prev marriage shall be null and
GR: Marriage is void, parties thereto are no
void and partition and distribution of the
to be considered as legal heir of each other.
properties of the spouses shall not affect
Not unless they are blood relatives to 5th
third persons.
civil degree. But they can put each other in
their testamentary provisions ISSUANCE OF DECREE
XPN: marriage declared void in Art 40,  After the foregoing requirements are
prov. Art 43 (5) will apply. [the spouse who complied, prevailing party shall be
contracted the marriage in bad faith shall be entitled to issuance of a Decree of
disqualified to inherit from the innocent declaration of absolute nullity or
spouse by testate and intestate succession.] annulment of marriage.
 This will be forwarded to the civil
EFFECT ON PARENTAL AUTHORITY
registry of the place where marriage was
AND CUSTODY OF COMMON
registered, National Census and
CHILDREN
Statistics Office (NCSO)
Since children of void marriages are  This decree is the best evidence to
generally illegitimate, they shall be under provide the declaration of absolute
the parental authority and custody of their nullity or annulment of marriage.
mother. WON father admits paternity.
STATUS OF CHILDREN
ART 52-54
GR: Children conceived or born before the
REQUIREMENT OF REGISTRATION judgement of annulment has become final
and executory are considered legitimate and
A decree if declaration of absolute nullity or
those void marriages under ART 36 and 53
annulment of marriage shall not be issued
of FC.
unless req are complied with:
1) Registration of the entry of
judgement granting the petition for
declaration of nullity or annulment
of marriage in the civil registry of
the place where the Fam Court is
located
2) Registration of the approved
partition and distribution of the
properties of the spouses, in the
proper Register of Deeds where the
real properties are located